Terms & Conditions

We are pleased that you chose ITSS web hosting service to host your web pages. IMPORTANT: Please read the Agreement of ITSS below carefully and thoroughly. Print it out and save a copy for your records. By signing up for a web site, you agree to the terms and conditions contained in this Agreement for ITSS. If you are unclear or do not agree with the terms and conditions included in the Agreement for ITSS. or would like to cancel your ITSS account, please contact us.

Terms of Service.

WHEREAS, ITSS. distributes and provides various products and services that enable entities to publish and maintain World Wide Web pages by way of ITSS. web hosting services. WHEREAS, Customer desires to utilize the ITSS to develop Customer's presence on the World Wide Web. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows:

(A) General Service

(1) You agree to use all ITSS services in a manner consistent with all applicable laws, including not using your web site to post any defamatory, threatening, or untrue statement, any gambling activities, or any material that infringes the proprietary rights of another person. You agree that you (not ITSS) are the author and publisher of and are solely responsible for the content of all material posted to your web site, regardless of the source of that material. ITSS has no obligation to approve, review, or verify the content of any such material. Customer warrants that it owns all rights to all material it provides to ITSS or posts to its web site, including all copyrights and trademarks.

(2) The web site shall not be used to store pornographic material. Sites containing adult material, although not necessarily pornographic, are also prohibited. Your server may NOT be used for the sending of unsolicited or bulk E-Mail. Customer may not reference its web site in or be referenced in any unsolicited or bulk E-Mail, whether sent through this server or not. We have a strict policy of not hosting any sites that participate in any form of unsolicited or bulk E-Mail (called "spamming"). ITSS reserves the right to determine what constitutes "adult material" or "spamming".

(3) All ITSS web sites come with a 30 day money-back guarantee from the date of this agreement. This excludes any Register domain name fees needed to reserve your domain name. Refund requests must be received in writing from you on or before the end of the 30 day guarantee period. All fees paid to ITSS become non-refundable once the 30 day guarantee period has expired.

(4) The initial hosting period begins from the date of this agreement and continues for the number of months selected below. Billing is done in advance for each hosting period and for a minimum of one (1) month at a time. It's the responsibility of customer to arrange for web site design. Web site design is NOT included in the setup, hosting, Register, or search engine submission charges.

(5) Unless you have an existing domain name, Register will bill you for the domain registration. ITSS will handle the movement of an existing domain for you at no extra charge. There is a fifty dollar fee for new registrations. There is no Register charge to move an existing domain name as long as you are the legal owner of the domain. All Register fees are non-refundable.

(6) If paying by credit card, you authorize ITSS to charge your credit card for the Total Charges amount shown below and you agree to pay these charges as required by your credit card issuer's agreement. You also authorize ITSS to charge your credit card automatically for each hosting period thereafter unless you inform us, in writing, not to do so at least 30 days prior to the start of the next hosting period. ITSS requires 30 days written cancellation notice for all web sites.

(7) There is a $50.00 charge for all returned checks and a $75.00 charge for re-activation of any disconnected web site. ITSS reserves the right to deactivate any web site account at any time, if the web site account is in violation of any terms or conditions of this agreement or if your account is not paid current.

(8) We agree to provide account access to you through our host computers but only on the following basis
?We will provide you with an identification code to enable access to our service.
?We will make genuine and commercially reasonable efforts to make the services you have subscribed for available to you 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible.
?But if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. We explain what this means in the section entitled "Limits on our Liability".

(9) The reasons for these limits on our service levels are because:
?We do not own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the service will be uninterrupted or error free.
?Our services may be used by you for purposes we do not know about and have no control over.

(10) You will maintain the security of your accounts and password. You agree to change your password when requested to do so by us.

(11) As we do not own or control all of the various facilities and communication lines through which access may be provided to you, we are not responsible for security.

(12) You agree that you will not cause or help to cause the security or integrity of this or any other linked computer system to be compromised whether by way of hacking, introducing harmful code or in any other way.

(B) Email Service

Our email service is important to you and our other subscribers. As a condition of your use of our email service you agree as follows:

(1) You agree to remove your email from our mail server promptly and to keep the space used by your files on the system below 1 megabyte. We have the right to remove email data in excess of 1 megabyte left by you on our mail server. If you have not made a special arrangement with us, we will not be liable for any loss of data because of your failure to housekeep your email.

(2) You agree not to send multiple , unsolicited email (SPAM or UCE), to single or multiple users whether or not this is for business purposes.

(3) Generally, you agree to obey the developing rules of Netiquette. These are the general rules of good and considerate behavior on the Internet as a world wide and open community. Any failure to obey these rules will result in a warning. If we consider the breach sufficiently serious (at our discretion) you agree that we may disconnect your service without liability to you.

(4) Email enables a rapid, immediate and wide-spread response. You must not use the email service for communication which is defamatory or contrary to generally accepted community standards of behavior or good taste. While we do not intend to be a censor, we have the right, at our discretion, to decide what those standards are and to review your use of our services at any time and to disconnect you if we consider that you have breached these standards. If you defame anyone through your use of the email service and we are sued, you agree that we have the right to recover all costs and losses incurred by us as a result of your action from you directly upon demand.

(5) We will make genuine efforts to provide you with a 24 hour, 7 days a week help desk service (by email) to assist your enquiry.

(C) Confidentiality

(1) We each agree that the Internet is a medium which lacks consistent security and confidentiality and we have the right to check your use of the system.

(2) We will take reasonable commercial efforts to protect your confidentiality. However, you should assume that you use of our services is not confidential. If we consider in our discretion that your use of our services is defamatory, contrary to accepted community standards or illegal you acknowledge that we have the right to disclose those activities to any person including the news media and the police.

(3) We can check your use of the system for the purposes of ensuring that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.

(D) Use of Personal Information

If you are an individual, when you complete your application for our services you authorise us and our agents to collect information about you and hold it at our head office. We will use this information for statistical analysis and to provide services to you and for marketing, private development and research purposes. You authorise us and our agents to supply and disclose personal information as to your credit-worthiness. Personal information about you may be used to enable us, our agents and third parties selected by us to access, maintain, investigate or market products or services. Under the provisions of the Privacy Act 1993 you may request access to and correction of your personal information. Requests must be in writing which includes email. We may charge a fee for the reasonable costs incurred in responding to these requests but we will disclose the costs to you before those costs are incurred.

(E) Your Obligation to Pay Us

In return for access to our service, you agree to pay the specified subscription and other charges (as notified on the ITSS web pages). In particular, you agree as follows:

(1) You will be billed in the first 5 days of each month, payment due on the 10th day of the month of invoice. If the account is not paid by the due date you are liable for a fee equivalent to 15% of the overdue portion of your account, with a minimum fee of $10.00.

(2) If your account is overdue for a period of 2 months, or your account will be closed and your details referred to our debt collection agency or credit reference agency without notice to you.(your site will be disable if your account is overdue for 14 days)

(3) You also agree to pay our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees.

(4)Where total debt collection agency costs, legal and other costs arising from collection of any amount owing by you exceed the debt collection fee charged, you agree that our debt collection agent is also entitled to recover those additional costs from you.

(5) You agree to give us not less than 30 days written notice that your account is no longer required. Until we receive this notice your are responsible for anything done with the services to which you have subscribed. Any charges incurred through the use of those services are payable by you whether you authorised them or not. For means of giving us notice see "Communications and Notices".

(F) Communications and Notices

We can change or remove any of these terms and conditions at any time. These changes include alterations to our pricing structure.

(1) We will inform you by email or posting a message in the appropriate location on the system which includes (but is not limited to) posting a message on the world wide web on our home page or any other appropriate means including message of the day (MOTD).

(2) Once we have posted the email or other message you are deemed to have received it, and if you have not terminated your subscription within 30 days or if you continue to use the services afterwards you are deemed to have accepted the change.

(G) Other Things that we Can Do

We can terminate any of the services that you have subscribed for without notice or liability to you if you breach these terms and conditions.

If your account is overdue at the time of disconnection, you will be unable to reconnect for a minimum period of three hours. This allows customers who pay their accounts on time to receive a relatively better grade of service than those who do not.

You acknowledge that you have read this agreement and agree to abide by its terms. You agree that this agreement constitutes the entire agreement between you and ITSS and supersedes any other agreements (verbal or written) or statements. You give ITSS the permission to either move your existing domain to our servers or establish a new domain name on your behalf, as indicated above.